EU adopts a global human rights sanctions regime
The Council yesterday adopted a decision and a regulation establishing a global human rights sanctions regime. For the first time, the EU is equipping itself with a framework that will allow it to target individuals, entities and bodies – including state and non-state actors – responsible for, involved in or associated with serious human rights violations and abuses worldwide, no matter where they occurred.
Such restrictive measures will provide for a travel ban applying to individuals, and the freezing of funds applying to both individuals and entities. In addition, persons and entities in the EU will be forbidden from making funds available to those listed, either directly or indirectly.
The framework for targeted restrictive measures applies to acts such as genocide, crimes against humanity and other serious human rights violations or abuses (e.g. torture, slavery, extrajudicial killings, arbitrary arrests or detentions). Other human rights violations or abuses can also fall under the scope of the sanctions regime where those violations or abuses are widespread, systematic or are otherwise of serious concern as regards the objectives of the common foreign and security policy set out in the Treaty (Article 21 TEU).
It will be for the Council, acting upon a proposal from a member state or from the High Representative of the EU for Foreign Affairs and Security Policy, to establish, review and amend the sanctions list.
Yesterday’s decision emphasises that the promotion and protection of human rights remain a cornerstone and priority of EU external action and reflects the EU’s determination to address serious human rights violations and abuses.
The relevant legal acts have been published in the Official Journal.
On 9 December 2019, the Council welcomed the launch by the High Representative of preparatory work to establish an EU regime of general scope for restrictive measures against serious human rights violations and abuses.
On 17 November 2020, the Council approved conclusions on the EU Action Plan on Human Rights and Democracy 2020-2024 which set out the EU’s level of ambition and priorities in this field in its relations with all third countries. In the EU Action Plan, the EU committed to developing a new horizontal EU global human rights sanctions regime to tackle serious human rights violations and abuses worldwide.
- Official Journal of the European Union, 7 December 2020
- ANNEX to the JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL EU Action Plan on Human Rights and Democracy 2020-2024, 25 March 2020
- Council approves conclusions on the EU Action Plan on Human Rights and Democracy 2020-2024 (press release, 19 November 2020)
- Foreign Affairs Council – Main Results Page, 9 December 2019
- Sanctions and human rights: towards a European framework to address human rights violations and abuses worldwide, 31 October 2020 (EEAS Website)
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